Kenya vote: target turns from “will of the people” to “free and fair, peaceful and credible” to “fair, orderly, credible and nonviolent”

In the 2013 Kenyan election John Kerry was the American Secretary of State, speaking to Kenya’s elections that year in his role as lead American diplomat. The U.S. provided key funding as well as embedded technical support for the IEBC in that election, including funding for the failed procurement of an electronic results transmission system.

It was suggested that the election, in spite of a certain disarray and incomplete results, reflected “the will” of Kenyan voters–and was subsequently upheld by Kenya’s Supreme Court (with preliminary observer statements from the Carter Center and EU as evidence offered by the IEBC in litigating against the challenges).

Likewise as Secretary of State Kerry addressed Kenya’s 2017 elections during his official visits in 2015 and 2016. The second quote above, “free and fair, peaceful and credible”, comes from Secretary Kerry in Kenya last year. The new terminology for the 2017 vote, “fair, orderly, credible and nonviolent”, comes now from former Secretary Kerry, wearing a new hat as co-leader of the independent International Election Observation Mission being conducted by the U.S. based NGO, The Carter Center. (See Daily Nation 14 July “Ex-Secretary of State insists on fair election“)

Over the years I have written and noted the potential distinctions involved in the decision of international observers to suggest that a particular election “reflected” or corresponded to a standard labeled “the will of the people” on one hand, and on the other to label an election “free and fair.”

The most important point for Kenyans is that the 2010 Constitution adopts explicitly as law a “free and fair” standard. Peace, order and nonviolence are good and important societal goals. Many of us are skeptical that tolerating corruption or other substandard conduct in administration of elections is somehow a useful tool to serve peace, order or nonviolence (just as war, disorder and violence do not clean up the election process).

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American lawyer. Took leave from corporate career to “assist” democracy in East Africa. After stolen '07 election in Kenya and violent aftermath I have tried to bring out truth of events for those who care in hope we can learn and do better.